Ohio man gets 9 years in prison for chase

Alamogordo Daily NewsBy Duane Barbati, Staff Writer

Posted:
12/03/2012 09:47:49 PM MST

The Ohio man who was involved in a pursuit that began at the U.S. Highway 70 Border Patrol checkpoint west of Alamogordo March 11 and ended in a crash in the Apache Travel Center parking lot was sentenced Monday to nine years in prison.

Twelfth Judicial District Judge Bill Brogan suspended six years of James E. Upole's sentence.

Upole will serve three years in prison followed by two years of parole to run concurrent with five years of probation and pay restitution of $500 to Ruidoso Downs Police Department plus $5,488.70 into the New Mexico Self Insurance Fund.

In a plea agreement with the state, Upole, 40, pleaded no contest to one count each of third-degree felony aggravated assault upon a peace officer (deadly weapon), third-degree felony distribution of marijuana over 100 pounds, fourth-degree aggravated fleeing a law-enforcement officer and fourth-degree attempt to commit aggravated battery upon a peace officer.

He also forfeited his 1997 Ford Thunderbird and $2,908 cash that was found in the trunk of the vehicle.

Law enforcement also found 197 pounds of marijuana in the trunk of the Thunderbird.

Upole will also receive credit for time served.

He has been jailed at the Otero County Detention Center since his March 11 arrest.

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Representing the state, Assistant District Attorney Catherine Beckett, said the state was asking the court to sentence Upole to six years in prison.

"I was hoping Judge Brogan would see it as an isolated incident which it is," Clark said. "It was more of an act of panic than it was malice. He would give Mr. Upole an opportunity make amends without prison. Mr. Upole is well aware what he did was wrong. He acknowledges what he did was wrong. He's very apologetic to the officers involved and the folks involved. He accepts the sentence but also would have liked to have gone home. He's 2,000 miles away from his home."

At his sentencing hearing Monday, Upole said he had time to reflect on what he did on March 11.

"I am very sorry about what happened," he said to the court. "Thank God nothing happened (to the officers). I made a foolish mistake. I have turned my life over to Jesus Christ."

At the time of the incident, Otero County Sheriff Benny House said Otero County Narcotics Enforcement Unit agents executed a search warrant March 12 on Upole's 1997 Ford Thunderbird and found 197 pounds of marijuana in the trunk, along with $2,908 cash.

House said Upole entered the Border Patrol checkpoint on U.S. Highway 70 around 6 p.m. March 11 when Border Patrol agents noticed nervous behavior by Upole. Agents also noticed a suitcase and spare tire in the back seat of the Thunderbird that Upole was driving.

He said Border Patrol agents requested consent from Upole to search the vehicle and noticed Upole becoming fidgety in the vehicle. But at one point, agents said Upole appeared cooperative and he turned the vehicle off while appearing to take the keys out of the ignition.

House said that, at some point, Upole stopped being cooperative, started the light blue Thunderbird and sped away from the checkpoint.

He said Border Patrol agents attempted to pursue Upole but lost him in the area of U.S. Highway 70 and Airport Road, but later found him traveling northbound on Airport Road.

House said a Border Patrol agent was able to get Upole to stop the vehicle and place his keys on top of the vehicle's roof while the agent was communicating with him on the public-address system.

"A second Border Patrol agent appeared in an unmarked vehicle with his flashers on to assist the initial agent," House said. "At that point, Upole grabbed the keys from the roof top and allegedly drove off toward the second responding agent's vehicle. The second agent took evasive action away from Upole's vehicle to avoid a collision."

He said Border Patrol agents pursued Upole's vehicle into Alamogordo with the Alamogordo Department of Public Safety blocking intersections.

"Upole went over the overpass and into Alamogordo while weaving in and out of traffic," House said. "They lost sight of Upole's vehicle while on White Sands Boulevard. Upole's vehicle was spotted again in the vicinity of the bypass and U.S. Highway 54/70. The vehicle was northbound on U.S. Highway 54/70 traveling about 5 mph over the posted speed limit when they attempted to engage a traffic stop on his vehicle."

He said Upole basically took off again northbound through Tularosa, then drove eastbound on U.S. Highway 70 toward Ruidoso.

"At approximately mile marker 233 on U.S. Highway 70, Upole threw out a medium-size brown suitcase," House said. "Law enforcement recovered the suitcase that resulted in a Border Patrol K-9 alert to contraband on scene. The suitcase was seized by law enforcement pending a search warrant. Additional law enforcement officers continued pursuit of the vehicle up U.S. Highway 70 to the edge of the Otero County and Lincoln County line into the village of Ruidoso limits."

He said Upole turned around just past the county line and became aggressive in his driving.

"Upole was allegedly driving head-on into oncoming traffic," House said. "Upole made a large sweeping U-turn, striking two separate Otero County Sheriff's deputy units. It disabled one of the units while the other unit continued the pursuit westbound into Otero County. Once in the area of the Mescalero Casino Travel Center, Upole's vehicle entered at a high rate of speed, traveled around the back of the travel center and came out and struck a Ruidoso Downs (police) vehicle, and immobilizing Upole's vehicle."

He said emergency medical personnel responded to the Casino Travel Center and transported Upole to Lincoln County Medical Center for treatment of his minor injuries.

"Once released from LCMC, Upole was arrested on the charges," House said. "None of the OCSO deputies or the Ruidoso Downs officers were injured during the incident. The suitcase and vehicle driven by Upole were secured by the Otero County Narcotics Enforcement Unit and transported to the Otero County Sheriff's Office pending two District Court search warrants. The search warrants resulted in OCNEU agents recovering 197 pounds of suspected marijuana and $2,908 in cash, but the suitcase was empty."

At the time, Ruidoso Downs police chief Doug Babcock said there were no injuries in the pursuit or when the pursuit ended with the man striking a Ruidoso Downs police vehicle driven by officer Ryan Frost.

Babcock said Frost's unit was moderately damaged in the front from the collision.

"He ran into a Ruidoso Downs unit and came to a stop," Babcock said. "He was then encouraged to come out of the vehicle and was apprehended."

House said Upole turned around near the Motel 6 on U.S. Highway 70 because the Ruidoso Downs officer and New Mexico State Police had set up a roadblock near Mescalero Trail.

"It appears Upole was traveling from Arizona back to Ohio," he said. "The agencies involved in the traffic stop at the Casino Travel Center included the Otero County Sheriff's Office, Bureau of Indian Affairs, Tularosa Police Department and the New Mexico State Police. The traffic accidents due to this pursuit were investigated by the New Mexico State Police."Contact Duane Barbati at dbarbati@alamogordonews.com.